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(영문) 서울중앙지방법원 2016.01.29 2015가단5234001
손해배상(자)
Text

1. The Defendant: (a) KRW 60,949,734; (b) KRW 55,949,734; and (c) KRW 55,949,734; and each of them, from April 9, 2015 to January 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) In fact, C is the Defendant’s vehicle at around 08:20 on April 9, 2015 (hereinafter “Defendant’s vehicle”).

) The network F (hereinafter referred to as “the network”) in front of the right while driving a vehicle and driving a four-lane road near Eunpyeong-gu Seoul E-lane.

) After having the deceased go beyond the left part of the part on the left part, the deceased was over the deceased and caused his death (hereinafter “instant accident”).

2) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Basis for Recognition: Evidence Nos. 1 through 4, 10 through 12, including branch numbers; hereinafter the same shall apply

(1) No. 1, B’s evidence, the purport of the entire pleadings

B. According to the above findings of recognition of liability, the defendant, the insurer of the defendant vehicle, is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. The defendant asserts that the defendant should limit the defendant's liability in consideration of the negligence on the part of the deceased, because the deceased was negligent in not operating the motorcycle on the part of the lane, but the defendant does not have a duty of care to travel along the lane. Therefore, the above argument by the defendant is without merit.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information: as stated in the column for “basic matters” in the attached Form for calculation of damages: 2) Income and operating period: At the time of the instant accident, the deceased shall manufacture the subway home and shopping bags.

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